In an interview with Bloomberg Law, Knobbe Martens partner Jarom Kesler shared his perspective on the latest trends in institution rates of ex parte reviews (EPRs) at the U.S. Patent and Trademark Office (USPTO).
The article explains that while EPR requests have reached a historic high, their institution rate has declined over the past year. Commenting on the potential reasons for this trend, Kesler pointed to understaffing at the agency and a focus on backlog reduction. He also noted that there might be a general decline in the quality of EPR requests, as policy shifts at the USPTO have led to lower institution rates for the previously favored patent challenge method, inter partes reviews (IPRs).
Read Kesler’s full comments in the Bloomberg Law article, “Patent Challenge Options Shrink After Agency Tightens Policies” [subscription may be required].
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